The carrier has a duty to deliver hazardous waste promptly and without undue delay. What does this mean?
We would expect a carrier to deliver the waste to the consignee as quickly as is reasonable in the circumstances. Most consignments should reach their destination within 24 hours.
The carrier should not leave, or plan to leave, the waste unattended on a vehicle for an extended period of time (for example, greater than a reasonable break).
In some cases delivery may reasonably take longer than 24 hours; for example:
- where the consignee is a considerable distance from the consignor;
- in geographically remote areas where there is a need to use an infrequent form of transport, such as a ferry;
- unforeseen circumstances arise, such as a vehicle breakdown.
This would be acceptable provided that the time period between the collection and delivery of the waste can be reasonably accounted for.
Must consignment notes be used for fly-tipped waste?
Yes, consignment notes will need to be completed for the removal of the waste from the location of the fly-tipping.
The only exception to this is where the waste is known to be entirely from domestic premises and may be described as domestic waste.
As a carrier or consignee, what should I do, if I have been given a consignment note with a code that does not match the coding standard?
The carrier should not remove the waste if the consignment note code does not match our coding standard.
The consignee should advise the carrier and producer in writing that that the consignment note code does not match the coding standard to ensure that future deliveries contain valid codes.
If you are using our Excel consignee returns spreadsheet application for quarterly returns, it is possible that an invalid code will fail validation.
In these circumstances you should do the following:
- Do not alter the codes on the consignment notes themselves.
- Keep a record of each consignment that has a consignment note code in the incorrect format.
- Create a new code in our required format (for example, including the producer premises registration) for use on consignee returns spreadsheet. Enter this code in the record against the original invalid code.
- Keep these records in the consignee register required by the regulations.
How do I complete the consignee certificate section of a consignment note if I don’t have a permit?
There are circumstances where a consignee can receive hazardous waste without an environmental permit. The following should be entered on the consignee certificate in place of a permit number:
Modern waste regulatory position (MWRP)
The position the waste has been accepted under - example: MWRP 60.
Exempt waste operation
The unique registration number given to you when you registered the exemption that allows the receipt of that waste.
Non-waste framework exemption (NWFE)
The relevant exemption should be quoted. This will be either NWFE 2 or 3.
As a consignee, do I have to include separated domestic fractions of waste delivered to my site on my consignee quarterly returns?
The regulations don't apply to the initial movement from the domestic premises to the collection point.
The site accepting these separated domestic fractions is treated as the producer of the waste and does not need to include them on the consignee quarterly return, unless they dispose of them at the same site.
As a consignee, do I have to provide a return to the producer, holder or consignor where waste is delivered without a consignment note?
There are certain circumstances where the regulations allow hazardous waste to be delivered to a consignee without a consignment note. A return is not required for these wastes. An example would be a domestic householder delivering a television to a Civic Amenity site (as a separated domestic fraction).
In other circumstances, where the regulations require the use of a consignment note, a return is required.
As a consignee, what hazard do I report on the return for a hazardous waste that does not appear to show any identifiable hazards?
A small number of wastes that have no hazardous properties may be correctly classified under an 'absolute' entry in the European Waste Catalogue. As a result the consignment note may not list a hazard code. When this happens, you should enter the hazard code H5 (harmful) on your consignee quarterly returns.
